Dzikowski v. Delson (In Re Delson)

ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT AND SCHEDULING FURTHER PRETRIAL CONFERENCE

STEVEN H. FRIEDMAN, Bankruptcy Judge.

THIS MATTER came on for hearing on March 23, 2000, on cross motions for summary judgment filed by Plaintiff and Defendants. The Plaintiff (“Trustee”) alleges that she is entitled, as a matter of law, to a judgment (1) avoiding the Debtor’s transfer to his wife of his interest in the proceeds from the sale of the couple’s homestead, as a fraudulent transfer pursuant to 11 U.S.C. § 544(b), which makes applicable Fla.Stat. §§ 726.105(1)(a) and 726.109(2)(a); (2) avoiding any…